Common use of SUBSCRIBER RECORDS, ACCESS AND AUDIT Clause in Contracts

SUBSCRIBER RECORDS, ACCESS AND AUDIT. 5.1. STAR shall, during the Audit referred to in Clause 15 of the Agreement, be entitled to access the Records, SMS, CAS and related systems of the MSO in order to determine the correctness of the Reports referred to in Clause 4.1 of this Addendum. In the event an audit or inspection by STAR’s representative(s) reveals that the MSO has under-reported or has misrepresented any information contained in the Reports or any item having a bearing on the computation of the Incentives that the MSO is entitled to avail and/ or the License Fee payable by the MSO, STAR shall provide the MSO with written notice setting out the amount of such additional fee (“Shortfall Amount”) payable by the MSO to STAR (“Notice of Shortfall”). Upon receipt of the Notice of Shortfall, the MSO shall immediately, and in any event no later than 2 (two) calendar days from the date of receiving such Notice of Shortfall pay the Shortfall Amount together with interest at the Late Payment Interest Rate for the period from the date when the payments should have been made by the MSO until the actual date of payment in the manner set out in Clause 15 of the Agreement.

Appears in 9 contracts

Samples: www.disneystar.com, www.startv.com, www.startv.com

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SUBSCRIBER RECORDS, ACCESS AND AUDIT. 5.1. STAR SIPL shall, during the Audit referred to in Clause 15 of the Agreement, be entitled to access the Records, SMS, CAS and related systems of the MSO in order to determine the correctness of the Reports referred to in Clause 4.1 of this Addendum. In the event an audit or inspection by STARSIPL’s representative(s) reveals that the MSO has under-reported or has misrepresented any information contained in the Reports or any item having a bearing on the computation of the Incentives that the MSO is entitled to avail and/ or the License Fee payable by the MSO, STAR SIPL shall provide the MSO with written notice setting out the amount of such additional fee (“Shortfall Amount”) payable by the MSO to STAR SIPL (“Notice of Shortfall”). Upon receipt of the Notice of Shortfall, the MSO shall immediately, and in any event no later than 2 (two) calendar days from the date of receiving such Notice of Shortfall pay the Shortfall Amount together with interest at the Late Payment Interest Rate for the period from the date when the payments should have been made by the MSO until the actual date of payment in the manner set out in Clause 15 of the Agreement.

Appears in 6 contracts

Samples: www.startv.com, www.disneystar.com, www.disneystar.com

SUBSCRIBER RECORDS, ACCESS AND AUDIT. 5.1. STAR shall, during the Audit referred to in Clause 15 14 of the Agreement, be entitled to access the Records, SMS, CAS and related systems of the MSO in order to determine the correctness of the Reports referred to in Clause 4.1 of this Addendum. In the event an audit or inspection by STAR’s representative(s) reveals that the MSO has under-reported or has misrepresented any information contained in the Reports or any item having a bearing on the computation of the Incentives that the MSO is entitled to avail and/ or the License Fee payable by the MSO, STAR shall provide the MSO with written notice setting out the amount of such additional fee (“Shortfall Amount”) payable by the MSO to STAR (“Notice of Shortfall”). Upon receipt of the Notice of Shortfall, the MSO shall immediately, and in any event no later than 2 (two) calendar days from the date of receiving such Notice of Shortfall pay the Shortfall Amount together with interest at the Late Payment Interest Rate for the period from the date when the payments should have been made by the MSO until the actual date of payment in the manner set out in Clause 15 14 of the Agreement.

Appears in 2 contracts

Samples: Subscription License Agreement, Subscription License Agreement

SUBSCRIBER RECORDS, ACCESS AND AUDIT. 5.1. STAR SIPL shall, during the Audit referred to in Clause 15 14 of the Agreement, be entitled to access the Records, SMS, CAS and related systems of the MSO in order to determine the correctness of the Reports referred to in Clause 4.1 of this Addendum. In the event an audit or inspection by STARSIPL’s representative(s) reveals that the MSO has under-reported or has misrepresented any information contained in the Reports or any item having a bearing on the computation of the Incentives that the MSO is entitled to avail and/ or the License Fee payable by the MSO, STAR SIPL shall provide the MSO with written notice setting out the amount of such additional fee (“Shortfall Amount”) payable by the MSO to STAR SIPL (“Notice of Shortfall”). Upon receipt of the Notice of Shortfall, the MSO shall immediately, and in any event no later than 2 (two) calendar days from the date of receiving such Notice of Shortfall pay the Shortfall Amount together with interest at the Late Payment Interest Rate for the period from the date when the payments should have been made by the MSO until the actual date of payment in the manner set out in Clause 15 14 of the Agreement.

Appears in 1 contract

Samples: Subscription License Agreement

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SUBSCRIBER RECORDS, ACCESS AND AUDIT. 5.1. STAR shall, during the Audit referred to in Clause 15 of the Agreement, be entitled to access the Records, SMS, CAS and related systems of the MSO in order to determine the correctness of the Reports referred to in Clause 4.1 of this Addendum. In the event an audit or inspection by STARMSO’s representative(s) reveals that the MSO has under-reported or has misrepresented any information contained in the Reports or any item having a bearing on the computation of the Incentives that the MSO is entitled to avail and/ or the License Fee payable by the MSO, STAR MSO shall provide the MSO with written notice setting out the amount of such additional fee (“Shortfall Amount”) payable by the MSO to STAR MSO (“Notice of Shortfall”). Upon receipt of the Notice of Shortfall, the MSO shall immediately, and in any event no later than 2 (two) calendar days from the date of receiving such Notice of Shortfall pay the Shortfall Amount together with interest at the Late Payment Interest Rate for the period from the date when the payments should have been made by the MSO until the actual date of payment in the manner set out in Clause 15 of the Agreement.

Appears in 1 contract

Samples: www.startv.com

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